Fallacies of Equality and Inequality: Will Our Rights Lie in Limbo At the Pleasure of the State?

ALL MEN CREATED EQUAL

“…Having celebrated the repeal of Kenya’s older Constitution that legitimated discrimination in the areas of adoption, marriage, divorce, burial, devolution of property on death and personal law, I expected that the new constitutional dispensation would make the quest for equality and non-discrimination on the grounds of sex easier. However, in the short period that the Constitution has been in operation, the fallacies of the constitutionally entrenched principle of gender equality have become apparent in the areas of political representation and appointments to offices.” – Prof. Patricia Kameri Mbote, SC., 24th January 2013.

Kenya’s new constitutional dispensation is a radical departure from the old order and therefore it must be expected that there will be resistance to admission of new entrants by those so-called gate-keepers currently enjoying rights. My argument back then and now is that the task of implementation of the Constitution, by and large, remains in the hands of certain bureaucrats bent on exploiting society’s inherent inequalities and exclusions for their own selfish gains. Therefore, even where the supreme law steps in to try and redress these inherent incongruences, its success is wholly dependent on implementation. Herein lies, what Prof. Kameri Mbote terms, a “discernible chiasmus in the practical application of equality and non-discrimination which results in discrimination”.

In previous posts here and here, I have tried to shed light on the centrality and importance of the Equality and Non-Discrimination provision in the Constitution. In this connection, I concur fully with those that lay sharp emphasis on the role of the judiciary as the guardian of constitutional norms and values as well as being the primary institution charged to breathe life into the Constitution through interpretation.

Sitting in a packed auditorium listening to Prof. Kameri-Mbote giving her Inaugural Lecture, I couldn’t help but wonder whether our judiciary so far has been performing its crucial role as vanguard of equality and non-discrimination which includes demanding fidelity to the Constitution by the executive, the legislature and the public.
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Daily Dozen: 27/12

Africa Optimism Rising [Reuters]
Where Kenya Leads, Others Follow [Gathara]
China: Trade with Africa transforming the continent [Mail&Guardian]
Tech Success in Africa is Built on the Ordinary [WhiteAfrican]
Let’s Hear It for The Unappreciated Heroes of 2010 [HuffPost]
Ivory Coast: Life inside Ouattara’s hotel [BBC]
Tea with Mugabe [GlobeandMail]
‘African Politics: The Village and Its Insecure Child’ [AfricanAccent]
20 Things We Learned in 2010 [Guardian]
2010 Images of the Year [Newsweek]
Most Popular Explainers of 2010 [LifeHacker]
2010: The Year of Microterrorism [TIME]

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Promulgation Day: We Were There.

Where were you on the 27th of August 2010 circa 10:25pm?

Most of my fellow middle-class Kenyans decided to watch history being made in the comfort of their living-rooms at home. That was their choice.
But I, as an able-bodied, sound-minded, patriotic Nairobian had to see it with my own eyes. I tried reaching out to friends and colleagues to tag along but they all cowered. Some planned to spend the eve of Promulgation Day in and out of clubs in Westlands (Bend-over Thursdays, I believe it’s called), while most of you thought that going to Uhuru Park for this historic and unprecedented event was either the funniest or the craziest thing you’ve ever heard.

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World Cup Dream Team: The Best Eleven

On June 11th 2010 South Africa became the first African country to host the “FIFA World Cup”. Every one including myself made sure that I got a chance to watch most of the games on “TV” whether or not it was in Eastern or Pacific time. This meant sacrificing my sleep and waking up as early as 6AM. After all the celebrations were over I sat down…and asked my self…if I was a coach and could pick any of the players that have participated in the World Cup, who would be in my “first eleven”?

Well, lets find out….

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Our Black Stars: “Did Ghana Deserve to Win?”

Ghana Fan

Ghana is out. Africa weeps.

Well, not really. Most are just sulking and pointing fingers at either Gyan or Mensa for horridly taken penalty kicks. Or the super-Afrocentric tend to be blaming Suarez for being a second goal keeper.

Either way. Ghana is out. And the African Dream has experienced the rudest of awakenings. I hate to say “I told you so….” but to be quite fair, I was out there cheering as loud and as proud as anyone else.

I wanted them to win. And for a second there, it looked like they would. But…. Continue reading

Africa, Its Our Time to Shine.

Hi, I’m NV
and I am an African;
I owe my being to Genus Kenyapithecus (google it), the cradle of human kind, inseparable to the end.
Like Little foot, will not be defeated without encore and standing ovation.

I owe my being to the dusty plains of the Serengeti, the trans frontier parks the trees, the earth, the the rain forest, the rivers, the caves and seas of this beloved continent.

I am stronger than the mighty Zambezi longer than the Nile;
I am the son of the slaves who build the wealth of this planet, north and south and east,
the migrant workers shedding the last sweat in mines and farms, displaced in foreign land but resilient to the end.

I am the Black Stars of Ghana, a symbol of African emancipation and unity in the struggle against colonialism and injustices, I listen to the elders and embrace forgiveness;

I am the Rainbow Boys, Bafana Bafana of South Africa, uniting the nation re kindling the light of hope.

I am the Waza, where the Indomitable Lions of Cameroon, king of the jungle roam, so watch out guys;

I am the Gashaka-Gumti, the Cross river where the Super Eagles of Nigeria with binoculous eyes patrol the field ready to pounce

Resilience, devious, defensive, camouflaged and territorial, I am the Desert Fox of Algeria.

The Living Africa, where the Elephants of Cote D’lvoire (Ivory Coast) roam freely opponents afraid to approach.

I am an African, I am the beat of the Jembe drum;
I am the sound of the Vuvuzela echoeing under the African Sky;
Fifa world cup football uniting everyone, where it all began.

The African National soccer teams in the FIFA World Cup

1. Bafana Bafana, South Africa.
2. The Black Stars of Ghana.
3. Indomitable Lions of Cameroon.
4. Super Eagles of Nigeria.
5. Desert Fox of Algeria.
6. The Elephants of Ivory Coast.

Show dem guys show dem, dont give up without encore and standing ovations. Show dem how we do it in Africa.

WAVE DEM FLAGS, FLAGS FLAGS, WAVE YOUR FLAG

I am waving mine, in support of all the African teams!